What is a testator?
Quick answer
A testator is simply the person who makes a will (a female will-maker is sometimes called a testatrix). To make a valid will, the testator must be aged 18 or over and have the mental capacity to understand what they're doing — the nature of a will, the extent of their estate, and who has claims on it.
Detailed explanation
It's a common legal term you'll meet when reading about wills.
- The testator signs the will, intending it to take effect.
- They must have testamentary capacity (the Banks v Goodfellow test).
- They must be free from undue influence — the will must reflect their own wishes.
Example scenario
When solicitors describe “the testator's intentions”, they mean the wishes of the person who made the will. If that person lacked capacity when signing, the will can be challenged on those grounds.
What happens next?
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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